Acórdão nº 9110243 de Court of Appeal of Porto (Portugal), 04 de Novembro de 1991
| Magistrado Responsável | ARAUJO CARNEIRO |
| Data da Resolução | 04 de Novembro de 1991 |
| Emissor | Court of Appeal of Porto (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: REVOGADA A DECISÃO.
Área Temática: DIR PROC CIV - RECURSOS / PROC ESP.
Legislação Nacional: CPC67 ART646 N4 ART1037 N1 N2 ART1041 N1. CCIV66 ART342 N1 ART1278 N2 ART1285.
Jurisprudência Nacional: AC RL DE 1976/05/05 IN BMJ N259 PAG261. AC RP DE 1989/06/22 IN CJ ANOXIV T3 PAG221.
Sumário: I - A resposta a um quesito de que consta que " à data da doação e depois dela, até hoje, têm sido os doadores e ora executados os possuidores reais e efectivos dos bens doados ", porque exorbita da matéria de facto e se insere totalmente no plano do direito deve ter-se por não escrita. II - Os embargos de terceiro desempenham função em tudo idêntica à da acção de restituição de posse. III - Não obstante a doação dos bens penhorados pelos executados aos embargantes, com a consequente e normal, mas nem sempre inevitável, transmissão da posse para os donatários, se estes não logram demonstrar que dispõem da posse...
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